Is a Joint Venture Agreement Required for Tax Purposes?

by Jack Gerard, Demand Media

When two or more professionals or small businesses work together on a single project, they may declare the project a joint venture. Joint ventures are formalized by the signing of a joint venture agreement, a contract specifying the rights and responsibilities of each party. Since many joint ventures are created for manufacturing or other for-profit purposes, some may wonder whether a joint venture agreement is required for tax purposes.

Joint Ventures

Legally, joint ventures are similar to general partnerships and are treated as such by some states. One of the primary differences between a joint venture and a partnership is the fact that joint ventures are created with limitations: a joint venture only exists until the purpose it was created for is accomplished or until the time period specified in the joint venture agreement has passed. Like general partnerships, joint ventures are created and maintained at the state level.

Joint Venture Agreements

The joint venture agreement defines every aspect of the joint venture including the specific role of each member, what each member is expected to provide as a part of the joint venture and the circumstances under which the venture will cease to exist. Financial distribution is also typically included in a joint venture agreement, with any profits or losses suffered by the venture distributed among the members according to the method described within the venture agreement.

Flow-Through Funds

A joint venture does not earn a profit itself; any money earned by a joint venture flows through the venture to its members. The profits are distributed according to the method described in the joint venture agreement, with no portion being held back for the venture itself. Any funds that are not directly distributed to one of the members must still be claimed by a member even if the funds are being paid to a third party or deposited into a trust fund or other financial service. Any losses suffered by the venture are distributed in the same manner.

Joint Ventures and Taxes

Because any profits made from a joint venture flow through to the individual members of the venture, the portion of the profit that each member receives is claimed on that member's individual or corporate tax returns. The venture itself does not make a tax filing on any of the funds that flow through it. Like general partnerships, the IRS does not consider joint ventures as a business structure and does not require a copy of the joint venture agreement or other proof of the venture's existence.

About the Author

Born in West Virginia, Jack Gerard now lives in Kentucky. A writer and editor with more than 10 years of experience, he has written both articles and poetry for publication in magazines and online. A former nationally ranked sport fencer, Gerard also spent several years as a fencing coach and trainer.

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